The Guardian December 8, 2004


Buckeridge Bill blocks entry

John Howard will over-ride state law to look after the 
interests of a Perth building magnate who has drawn up a hit list 
of worker representatives. Workplace Relations Minister, Kevin 
Andrews, confirmed his government would restrict trade union 
right of entry provisions, effectively overturning a Federal 
Court ruling against construction multi-millionaire, Len 
Buckeridge.

Andrews promised, last August, that a re-elected Coalition 
Government would trump a decision that workers on AWAs, the 
government's non-union contracts, were entitled to on-the-job 
access to union advice and assistance.

Construction, Forestry, Mining and Energy Union (CFMEU) assistant 
National Secretary, Dave Noonan, tagged this week's legislation 
the "Buckeridge Bill".

"Buckeridge was using AWAs to deny workers' rights to union 
access. What the Federal Court found was illegal, this government 
is moving to make legal",Mr Noonan said.

The Western Australian case was sensational because it undermined 
arguments that AWAs were about freedom of choice. It revealed 
Buckeridge's company, BGC, bound sub-contractors to employ AWA 
labour only.

The court heard the Office of the Employment Advocate (OEA) was 
registering fraudulent AWAs, and green-lighting others lodged 
outside the time limit set in law.

In uncontested evidence, industry veteran Alan Kuret, said a non-
union AWA had been registered in his name although he had never 
seen nor signed the document.

He said when he refused to sign a pre-dated AWA, his employment 
had been terminated.

Justice French rejected Buckeridge's argument that the CFMEU was 
not entitled to enter Burrup Fertilisers to speak with workers on 
AWAs.

Buckeridge has become a Hard Right hero for his aggressive moves 
to de-unionise workplaces.

He was awarded the HR Nicholls Society's Charles Copeman Medal 
for services to industrial reform, after being convicted of 
assaulting a union activist. In accepting that award, Buckeridge 
revealed he had drawn up a "hit list" of trade unionists who had 
earned his ire.

Minister Andrews announced this week he would move well beyond 
the construction industry by over-riding state right of entry 
rules, across the board. Meanwhile, the CFMEU says the OEA has 
not taken any action over the fraudulent registering of AWAs.

"This government says it has a no tolerance policy towards law 
breakers. Clearly, that doesn't apply if you are an employer", 
observed Mr Noonan.

The Queensland Council of Unions has urged all state governments 
to oppose the Federal Government's proposed "right of entry" laws 
which would severely curtail the day-to-day work of unions.

QCU General Secretary Grace Grace said the proposed laws were 
unworkable and unnecessary.

"Right of entry has never been an issue in workplaces and there 
is simply no need for the government to impose these laws.

"Unions play a vital role when visiting workplaces by ensuring, 
amongst many things, that employees are being paid correctly and 
that the workplace is a safe one."

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